FOURTH SECTION
DECISION
Application no. 37504/19
A
against Austria
The European Court of Human Rights (Fourth Section), sitting on 8 April 2021 as a Committee composed of:
Armen Harutyunyan, President,
Jolien Schukking,
Ana Maria Guerra Martins, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 5 July 2019,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant, Mr A, was an Austrian national, who was detained in the Forensic Centre Asten at Linz prison. The President granted the applicant’s request for his identity not to be disclosed to the public (Rule 47 § 4).
On 30 July 2020 the applicant committed suicide in that institution. His mother requested the Court to be granted leave to continue the application in his name. She is represented before the Court by Ms S. Vrbovszky, who is residing in Perchtolsdorf.
The applicant’s complaint under Article 5 of the Convention concerning the alleged unlawfulness of his continued detention in an institution for mentally ill offenders was communicated to the Austrian Government (“the Government”).
The Court received the friendly-settlement declarations, signed by the parties, under which the late applicant’s mother agreed to waive any further claims against Austria in respect of the facts giving rise to this application, subject to an undertaking by the Government to pay her the amount detailed in the appended table. This amount will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 29 April 2021.
Viktoriya MaradudinaArmen Harutyunyan
Acting Deputy RegistrarPresident
APPENDIX
Application raising complaints under Article 5 of the Convention
Application no.
Date of introduction
Applicant’s name
Representative’s name and location
Date of receipt of Government’s declaration
Date of receipt of Applicant’s declaration
Amount awarded for pecuniary and non-pecuniary damage to be paid to A’s mother
(in euros)[1]
37504/19
05/07/2019
A
Vrbovszky Sonja
Perchtoldsdorf
11/03/2021
23/02/2021
6,000
[1] Plus any tax that may be chargeable to the applicant.
Full & Egal Universal Law Academy